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The nursing profession, is the largest health care occupation, withForm the no to submit applications for nurses.
The application of § 1983 to people acting "under color of" law, while generally understood to mean state employees or officials, has been interpreted to include private citizens in certain circumstances, such as when the private citizen was performing a state-mandated service (for instance, in the case of a private doctor contracted by a state to provide medical services to prison inmates). This proposition is bolstered by the second major determination made by the court: that the Nursing Home Reform Law establishes "individual rights" for a "class" of people (nursing home residents).
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Given the fact that nursing homes are the primary provider of state-funded residential long term care (and given the concomitant significant government interest (and involvement) in nursing home care) this has the potential to also be meaningful for people seeking justice from non-government owned facilities that have caused resident harm.
Using a three-pronged test – whether the statute confers substantive rights, whether these rights are "clearly delineated" and whether the language of the law "unambiguously binds" state and nursing homes – the court determined that the Nursing Home Reform Law satisfies all of these criteria, and that "Congress intended to create individual rights in drafting and adopting…" the Reform Law.
As a result, the case (which is based on allegations that the nursing home's failure to provide proper care resulted in a woman developing decubitus ulcers, malnourishment and eventually sepsis, from which she died) was remanded (returned to the lower court, which had ruled against the plaintiff) for further proceedings in line with the findings in this decision. Licensed Vocational Nurse Nursing As…Acronym Finder: ABN stands for Alabama Board of Nursing.

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